Attachment 2003NYS errata ltr m

2003NYS errata ltr m

ERRATA, ERRATUM OR ADDENDUM submitted by NYS

Errata

2003-05-14

This document pretains to SAT-AMD-19960819-00107 for Amended Filing on a Satellite Space Stations filing.

IBFS_SATAMD1996081900107_1073481

ORIGINAL [wit Wiley Rein & Fielding ur Rera: eceiveq MaAy 1 9 2003 May 14. 2003 Polic B Tricia Paoletta 1776 K STREET NW WASHINGTON, DC 20006 ¥ 19: Internagys,, RCh 202.719.7532 tonal Burgay tpaoletta@wrf.com PHONE 202.719.7000 RECEIVED FAX 202.719.7049 Virginia Office Ms. Marlene H. Dortch, Secretary 7925 JONES BRANCH DRIVE SUITE 6200 Federal Communications Commission 236 Massachusetts Avenue, N.E., Suite 110 MAY 1 4 2003 McLEAN, VA 22102 Washington, DC 20002 FBDERAL CoMmunNicaTions COMMISSI PHONE 703.905.2800 ON FAX 703.905.2820 OFFICE OF THE sEchEtaARY Re: Errata Final Analysis Communication Services, Inc. www.wrf.com Petition for Waiver (filed Mar. 29, 2002); File Nos. SAT—LOA—19941116—00088; SAT—AMD—19950224—00033; SAT—AMD—19960223—00031; SAT—AMD—19960819—00107; SAT—AMD—19971030—00175 Dear Ms. Dortch: On May 12, 2003, New York Satellite ("NYS") filed a letter to provide a timeline of the progress of the FAISAT system in the above—captioned proceeding. Counsel recently discovered a minor error on page two, the second line from the end of the page. A period was inadvertently deleted between the words dates and upon. Attached please find a corrected version ofthe letter. Please replace the currently filed version of the letter with the attached corrected version. Please do not hesitate to contact the undersigned should you have any questions. Sincerely, w——— Patricia J. Paoletta

Wiley Rein & Fielding uP Tricia Pacletta 1776 K STREET NW May 12, 2003 202.719.7532 WASHINGTON, DC 20006 tpactetta@wrf.com PHONE 202.719.7000 FAX 202.719.7049 7925 JONES BRANCH DRIVE Ms. Marlene Dortch SUITE 6200 Secretary McLEAN, VA 22102 Federal Communications Commission PHONE 703.905.2800 FAX 703.905.2820 445 12th Street, S.W. Washington, D.C. 20554 www.wrf.com Re: Final Analysis Communication Services, Inc. Petition for Waiver (filed Mar. 29, 2002); File Nos. SAT—LOA—19941116—00088; SAT—AMD—19950224—00033; SAT—AMD—19960223—00031; SAT—AMD—19960819—00107; SAT—AMD—19971030—00175 Dear Madame Secretary: New York Satellite ("NYS") by its counsel files this letter to provide a timeline of the progress of the FAISAT system. The attached letter (and its attachments) clarifies the legal restrictions outside Final Analysis Communication Services, Inc.‘s ("FACS") control that led to missing its milestones, and provides information on how FACS, once NYS purchased controlling shares of FACS at FAl‘s bankruptcy sale, has continued to make progress in developing its FAISAT system. The attachments to this letter are confidential. Wiley Rein & Fielding ("WRF") represents NYS, the current owner of the licensee, FACS. Once certain creditors of FAI (FACS‘ previous owner and prime contractor) filed Chapter 7 proceedings against it, FAI was no longer a going concern and its assets were sold in liquidation. FAI was FACS®‘ prime contractor to develop the Little LEO system. Upon the involuntary bankruptcy of FAI, FACS was unable to force FAI to perform under its contract to deploy the system, and the Trustee prohibited FACS from entering into new contracts. NYS purchased controlling shares of FACS from the bankruptcy court in January 2002, and subsequently FACS filed for a transfer of control with the Commission. Once the transfer was approved, FACS filed with the State Department for approval of the Technical Assistance Agreement ("TAA") to share data with its contractor, Polyot of Russia. That TAA, while expected in the near term, is still pending (although not for an unusually long period).

Marlene Dortch May 12, 2003 Page 2 Below is a timeline that lists the seminal events demonstrating uncontrollable legal restrictions and despite those restrictions, progress on the FAISAT system: 1. Aug. 2001 —FACS signed secondary payload contract for $10 M, with $2 M installment paid to FACS in Sept. 2001. Sept. 2001 — Involuntary filing against FAI by certain of FAT‘s creditors Oct. 2001 — Trustee appointed in involuntary Chapter 7 bankruptcy Dec. 2001 — bankruptcy sale of FAI‘s assets noticed Jan. 2002 — Bids, auction, sale to NYS closed, but stock remained under Trustee‘s control, pending FCC approval Jan. 2002 — FACS filed with FCC for transfer of control to NYS May 2002 — $10 M new financing raised by NYS August 2002 — FCC granted transfer of control; FACS applied to register with State Department, commencing TAA effort Sept. 2002 — Controlling shares of FACS transferred by Trustee to NYS 10. Nov. 2002 —launch and space craft bus contracts signed by NYS with Polyot 11. Feb. 2003 — $20 M service provider and investment agreements signed by FACS with SE Asian entity to invest in FACS and provide FACS services in SE Asia 12. December 2003 — first set of flight radios and related equipment to be delivered to FACS We request confidential treatment of the attachments, including FACS® letter to State Department earlier this year seeking approval of the TAA. To reiterate our request to the Bureau, NYS requests that the Bureau not release any order on the waiver petition until such time as it reviews the attached and FACS has obtained TAA approval and therefore can provide unconditional launch dates. Upon receipt of TAA approval, FACS could launch its first two satellites (from which FACS

Marlene Dortch May 12, 2003 Page 3 could provide commercial service) by December 2004 and launch the remaining satellites by December 2006. Sincerely, Tricia Paoletta Attachments cce (with attachments): Don Abelson Bryan Tramont Jennifer Manner Sam Feder Paul Margie Barry Ohlson Jackie Ruff Anna M. Gomez Thomas S. Tycz Cassandra Thomas Rod Porter Mark Young Bob Nelson John Giusti


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Document Modified: 2015-01-16 15:28:48
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